Below are capsule summaries of the major federal laws affecting
human resources. For detailed information on a law, click on the links following
the summary. Also be sure to check for comparable state
laws. If there's a conflict beween a state and federal law, the one most
beneficial to the employee usually applies.
A - B - C - D - E
- F - G - H - I - J
- K - L - M - N - O - P
- Q
R - S - T - U - V
- W - X - Y - Z
A
Age Discrimination in Employment Act (ADEA)--prohibits employment practices
that discriminate on basis of age, unless age is a bona fide occupational qualification
or the practice is based on "reasonable factors other than age." It covers employers
with 20 or more employees, labor unions with 25 or more members, local and state
governments, and employment agencies.
Americans with Disabilities Act (ADA)--prohibits employers with 15 or
more employees from discriminating against individuals with disabilities in
all aspects of employment. It requires employers to "reasonably accommodate"
qualified disabled applicants and employees unless it would impose an "undue
hardship" to do so.
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C
Civil Rights Act of 1964, Title VII--prohibits employment discrimination
based on race, color, sex, religion, or national origin by employers with 15
or more employees. It covers both intentional discrimination or discrimination
in effect and considers sexual harassment a form of sex discrimination.
Civil Rights Act of 1991--allows employees who file suit for intentional
discrimination under certain laws to have a jury trial and to collect compensatory
and punitive damages.
Consolidated Omnibus Budget Reconciliation Act (COBRA)--applies to employers
with 20 or more employees that offer group health coverage. They must offer
separated employees (and sometimes their dependents) the option of retaining
the health insurance at their own expense for a period of up to 18 months (36
months for certain dependents).
Consumer Credit Protection Act (CCPA)--protects employees from being
discharged by their employers because their wages have been garnished for any
one debt and limits the amount of employees' earnings which may be garnished
in any one week.
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D
Driver's Privacy Protection Act of 1994--regulates third-party access
to individual driving record information.
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E
Employee Polygraph Protection Act--prohibits employers from requiring
employees or prospective employees to submit to lie detector tests and makes
it illegal to use or inquire about a lie detector test conducted by someone
else.
Employee Retirement Income Security Act (ERISA)--ensures that employees
get pension and other benefits promised by their employers. It also requires
tax-favored pension plans to provide benefits in a way that doesn't favor the
highest-paid employees.
Equal Pay Act--requires all employers engaged in interstate commerce to pay
men and women equal wages for work that requires equal skill, effort, and responsibility
and is performed under similar working conditions.
Executive Order 11246--requires nondiscriminatory employment practices
by all government contractors. Contractors with 50 or more employees and contracts
of $50,000 or more must implement written affirmative action plans for women
and minorities.
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F
Fair Credit Reporting Act (FCRA)--allows credit-reporting agencies to
provide background financial and personal information on prospective and current
employees to employers.
Fair Labor Standards Act (FLSA, or Wage and Hour Law)--applies to employers
engaged in interstate commerce, which means virtually all employers. It sets
minimum hourly wages (usually the federal minimum wage), training wages, overtime
hours and rates (generally one-and-a-half times the regular pay for work in
excess of 40 hours per week for non-salaried employees), and regulates the employment
of children under 18. If state and federal law conflict, employers must follow
the one most favorable to the employee.
Family and Medical Leave Act (FMLA)--requires employers with 50 or more
employees to provide eligible employees with up to 12 weeks of unpaid leave
during any 12-month period. Employee jobs and benefits are protected during
these leaves, which may be granted for the birth or adoption of a child, for
the employee's serious health condition, or to care for a spouse, child, or
parent with a serious health condition.
Federal Insurance Contributions Act (FICA)--requires that taxes be collected
from both employers and employees to fund the Social Security program.
Federal Unemployment Tax Act (FUTA)--together with state unemployment
systems, provides temporary benefits for discharged employees who earned a minimum
weekly amount for a specified period preceding the claim. Employees usually
can't claim benefits if they lost the job due to misconduct, quit without good
cause, or refuse an offer of suitable employment without good cause.
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H
Health Insurance Portability and Accountability Act (HIPAA)--creates
national standards to protect individuals' medical records and other personal
health information and gives patients more control over their health information.
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I
Immigration Reform and Control Act (IRCA) of 1986--prohibits employers
from hiring illegal aliens and requires them to verify that employees are legally
entitled to work in this country. It also bans discrimination based on national
origin or citizenship status.
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J
Jury System Improvement Act of 1978--prohibits employers from taking
action against permanent employees for performing jury duty in federal court.
Most states have similar laws covering state court jury duty.
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M
Mental Health Parity Act (MHPA)--prohibits most group health plans
with more than 50 workers from imposing annual or lifetime dollar limits on
mental health benefits that are lower--less favorable--than
the annual or lifetime dollar limits for medical and surgical benefits offered
under the plan.
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N
National Labor Relations Act (NLRA) of 1935 (also known as the Wagner Act)--designed
to promote collective bargaining between labor and management and to assure
workers the right to organize and join a union without fear of reprisal.
Newborns' and Mothers' Health Protection Act--requires health-insurance
plans to cover postdelivery hospitalization for at least 48 hours following
a normal delivery and 96 hours following a cesarean section.
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O
Occupational Safety and Health Act (OSHA)--requires safe and healthful
working conditions. It authorizes enforcement of certain standards, assists
and encourages the states in their efforts to assure safe and healthful working
conditions, and provides research, information, education, and training in the
field of occupational safety and health.
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P
Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA)
of 1996--requires every state to operate a child support enforcement program.
Employers must report each newly hired worker to a state "directory of new hires"
within 20 days of hiring by submitting the employee's W-4 form or equivalent
document containing the worker's name, address, and Social Security number.
Pregnancy Discrimination Act--prohibits discrimination on the basis of
pregnancy, childbirth, or related medical conditions. It does not require pregnancy
leave, but does require that any employer short-term disability plans apply
to pregnancy.
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R
Rehabilitation Act of 1973--prohibits employers who receive federal government
contracts or financial assistance from practicing employment discrimination
against individuals with disabilities.
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S
Sarbanes-Oxley Act of 2002--requires notices of 401(k) blackout
periods, bars directors and executives from trading employer stock during blackout
periods, and increases the criminal penalties for ERISA violations.
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U
Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA)--is
intended to minimize the disadvantages to an individual that occur when that
person needs to be absent from his or her civilian employment to serve in this
country's uniformed services.
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V
Vietnam Era Veterans Readjustment Act of 1974--requires covered contractors
and subcontractors to take affirmative steps to employ qualified Vietnam era,
special disabled, recently separated, and other protected veterans. This obligation
covers the full range of employment and personnel practices, such as recruitment,
hiring, rates of pay, upgrading, and selection for training.
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W
Worker Adjustment and Retraining Notification Act (WARN)--imposes
restrictions on the way layoffs are handled. It is designed to give employees
advance notice of the layoff in order to find another job, to seek retraining
in a new occupation, and to give state dislocated-worker units adequate preparation
to assist affected workers.
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